Living Room Wall Decor – Premium Art Netherlands
General terms and conditions of sale and delivery
CHAPTER I: GENERAL PROVISIONS
1. Applicability of these terms and conditions
These general terms and conditions apply to every offer, quotation and every agreement between Hoeksema Holding B.V, hereinafter referred to as "Seller", and the customer, unless the parties expressly deviate from these general terms and conditions in writing.
Provisions that deviate from the provisions contained in these general terms and conditions, such as the customer's purchase or other general terms and conditions, are not effective between the parties, unless they have been agreed in consultation with the Seller and expressly accepted in writing by the Seller as such.
A customer who has previously entered into agreements with the Seller to which these general terms and conditions applied is deemed to have tacitly agreed to the applicability of the general terms and conditions to subsequent agreements with the Seller.
2. Quotations, formation of agreement
A quotation made by Seller is without obligation and valid for 30 calendar days, unless otherwise indicated. Seller may revoke a quotation within two working days of acceptance by the customer. Obvious mistakes or errors in the offer are not binding on Seller.
The prices stated in a quotation are exclusive of VAT, packaging costs and transport, unless otherwise indicated.
If Seller has incurred costs for issuing the quotation, Seller is authorized to charge the customer for all costs incurred to draw up the quotation.
The agreement is concluded at the moment the customer has agreed to the quotation in writing, unless Seller revokes his quotation, or Seller has agreed to the customer's order confirmation in writing. Seller is at all times free to refuse an order, for example if Seller would act in violation of third-party intellectual property rights by executing the order. If the customer has made a request for deferred payment in accordance with Article 21 of these general terms and conditions, the agreement is concluded subject to the condition precedent of acceptance of the request for deferred payment by Seller.
If the customer has accepted the offer electronically (for example by placing an order in the Seller's webshop), the Seller will immediately confirm receipt of the acceptance of the offer electronically.
Within legal frameworks, Seller can ascertain whether the customer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, Seller has good reasons not to enter into the agreement, he is entitled to refuse an electronic order or request with reasons or to attach special conditions to the execution.
Seller reserves the right to execute the agreement in parts and to invoice the agreement in parts.
Each agreement constitutes a separate transaction; any failure in the Seller's performance will not affect the agreement with regard to other deliveries.
3. Delivery time, acceptance
Unless otherwise agreed, delivery takes place ex works at the Seller's premises. The Seller will execute accepted orders with due speed but within 30 days, unless a different delivery period has been agreed. The agreed delivery period shall never be considered a strict deadline. The agreed delivery period will be extended by a period during which Seller is prevented from fulfilling his obligations due to force majeure, whereby the inability to acquire the necessary materials or raw materials must explicitly be considered force majeure. In any case, force majeure shall mean all circumstances beyond Seller's control that make it difficult or impossible for Seller to produce, acquire, sell or deliver the products as referred to in the agreement.
If the parties have agreed that Seller will deliver the products to the customer and delivery is delayed, or if an order cannot be executed or can only be executed partially, the customer will be informed of this no later than 30 days after placing the order. In that case, the customer has the right to dissolve the agreement without costs. In the event of dissolution in accordance with this paragraph, Seller will refund the amount paid by the customer as soon as possible, but no later than 14 days after dissolution.
The risk of damage and/or loss of products rests with the Seller until the moment of delivery to the customer or a previously designated and to the Seller known representative, unless expressly agreed otherwise.
If the customer does not take delivery of the products before the expiry of an ultimate agreed delivery period and/or the customer wrongly refuses the products, the Seller may store the products at the customer's expense, including the risk of deterioration in quality, including but not limited to deviations in the colour and quality of the products. All costs incurred and to be incurred by the Seller with regard to the storage of the products are for the account of the customer. The Seller is entitled to only release the products to the customer after full payment of the storage costs.
4. Quality and description
Seller delivers the products according to the description, quality and quantity as further described in the product designer/confirmation. The product designer may display a different colour representation than the customer or their computer screen sees. The customer is presumed to be aware of this and to accept it. Approval of the digital proof by the customer counts as an acknowledgement that Seller has correctly performed the work preceding the proofs.
Seller is not liable for deviations, errors and defects that have gone unnoticed by the customer in proofs approved or corrected by the customer. Any proof produced at the customer's request will be charged in addition to the agreed price, unless it has been expressly agreed that the costs of these proofs are included in the price.
Deviations in the materials and semi-finished products used by Seller that are permitted according to the general terms and conditions of sale relating to the delivery of these materials and semi-finished products, are considered minor deviations. The relevant conditions are available for inspection at the supplier. Seller will send a copy of these conditions to the customer free of charge upon request.
Deviations between, on the one hand, the delivered product and, on the other hand, the original design, drawing, copy or model, respectively the typesetting, printing, or other proof, cannot constitute a reason for rejection, discount, dissolution of the agreement or compensation, if they are of minor significance or customary in the industry.
The originals made available by the customer will be handled with care. However, Seller is not liable for any damage that may arise during processing. Uploaded files will not be stored for longer than one month.
The customer must assume that used substrates may not be fire-resistant in some cases. If fire resistance is a requirement, it is up to the customer to inform Seller of this in advance. In consultation, Seller will then try to find an alternative that is fire-resistant certified.
5. Materials and instructions provided by the customer
If the customer has agreed with the Seller that the customer will supply material or products for printing or processing, the customer must ensure that this supply is carried out in a timely and proper manner for normal planned production. The customer will request instructions from the Seller for this purpose.
In addition to the material or products required for the agreed performance, the customer is obliged to also supply a reasonable quantity for samples, waste, etc., for the relevant processing. The customer will request the Seller's specification for this purpose. The customer guarantees that the Seller will receive a sufficient quantity. The confirmation of receipt of the material or products by the or the quantity stated on the transport documents has been received.
Seller is not obliged to examine the suitability of the goods received from the customer for printing or processing prior to printing or processing.
Seller is not liable for failure to perform the agreement if this is due to extraordinary or reasonably unforeseeable processing difficulties arising from the nature of the materials or products supplied by the customer, nor if this is a result of deviations between the sample initially shown to Seller and the materials or products later supplied by the customer for the print run.
Seller does not guarantee properties such as durability, adhesion, gloss, colour, lightfastness or colourfastness or abrasion resistance of the products if the customer has not, at the latest upon entering into the agreement, provided written notification of the properties and nature of the materials or products supplied by him and has not provided proper information about the pre-treatments applied and the surface treatments applied.
Unless expressly agreed otherwise, Seller is not liable for detachment, sticking, smudging, changes in gloss or colour, or damage to material and products received from the customer and to be printed or processed by Seller if these have undergone a pre-treatment such as by applying lacquer, coating, varnish or anti-smudge powder.
The customer is obliged to immediately inform Seller of any special difficulties or health risks during the printing or processing of the materials and products supplied by him.
Seller is entitled to dispose of the remnants such as cutting waste etc. of the materials and products supplied by the customer as if they were his property. At Seller's request, the customer is obliged to collect the unused materials and products as well as the aforementioned remnants from Seller at his own expense.
6. Production means and drawings of Seller
When articles are manufactured according to drawings, samples, models or other instructions, in the broadest sense, which Seller receives from the customer, the customer guarantees that the manufacture and/or delivery of the aforementioned articles does not infringe any intellectual property right, such as patent, trademark or application right, design right or any other right of any third party. The customer indemnifies Seller against all relevant third-party claims against Seller. Should any third party object to the manufacture and/or delivery due to an alleged right as referred to above, Seller is entitled for that reason alone to immediately cease manufacture and/or delivery and to claim reimbursement of the costs incurred, without prejudice to his claims against the customer with regard to further indemnification and without Seller being obliged to pay any compensation to the customer.
All drawings, sketches, graphs, samples, models, photographs, proofs, etc. which are made for the benefit of Seller and/or supplied to the customer, remain the property of Seller and may not be reproduced, used or handed over or shown to a third party, either in whole or in part, without prior written permission from Seller. They must be returned to Seller immediately upon first request.
All items produced by Seller such as production materials, semi-finished products and auxiliary materials and in particular typesetting, design drawings, models, working and detailed drawings, data carriers, computer software, data files, photographic recordings, lithographs, clichés, films, micro and macro montages, printing plates, screen printing forms, gravure cylinders, types, punching knives and moulds, (foil) embossing forms, stamping plates and peripherals, remain the property of Seller, even if these are mentioned as a separate item on the quotation, in the offer or the invoice.
Seller is not obliged to hand over the items referred to in paragraph 3 of this article to the customer.
Seller is not obliged to store the items referred to in paragraph 3 of this article for the customer. If the customer and Seller agree that these items will be stored by the customer, this will be for a maximum period of six months and without Seller guaranteeing their suitability for repeated use.
7. Inspection of the products, complaint period
The customer is obliged to inspect the delivered products at the time of delivery. Complaints/claims due to shortcomings, defects, deviations from the stated specifications or externally observable deviations/damage must be precisely described by the customer on the waybills signed by him. Late complaints invalidate all rights of the customer.
Invisible defects or shortcomings must be submitted to Seller in writing by registered letter within eight (8) days of discovery at the latest, but within two months of the delivery date. Complaints must be precisely described by the customer.
Without Seller's permission, the customer is not entitled to return products that, in his opinion, show defects.
8. Prices
If, during the period between the date of the quotation and that of delivery, cost prices increase, such as, but not limited to, as a result of government measures, salaries, import duties, Seller is entitled to increase the price charged to the customer accordingly. The customer who is not acting in the exercise of a profession or business (consumer) has the right to dissolve the agreement if the price change occurs within three months after the conclusion of the agreement.
Seller has the right to stipulate that the customer pays an advance or provides security before the products are delivered.
If clear calculation errors have been made by Seller, these can be corrected by him at any time.
9. Payment
All payments must be made within fourteen (14) days of the invoice date, unless otherwise agreed. Unless the customer is a consumer, the customer is not entitled to discount, suspension or set-off.
If the customer fails to fulfil his payment obligations properly or at all, he will be in default without any further summons or notice of default being required. If the customer is a consumer, he will only be in default after he has been summoned to pay in writing, with a reasonable period for fulfilment being set and fulfilment not taking place within that period. In the event of late payment, Seller is entitled to suspend all further deliveries to the customer, both those based on the agreement to which the overdue payment relates and those based on other agreements.
In that case, Seller has the right to charge the customer the statutory (commercial) interest per month on the outstanding amount from the due date until the date of full payment. A part of a calendar month will be considered a full calendar month in this context.
All costs of judicial and extrajudicial collection of the claim(s) shall be borne by the customer. Unless the customer is a consumer, these are set at 15% of the invoice amount, without prejudice to Seller's right to claim the actual costs from the customer if these are higher.
If the customer attempts to make a debt arrangement with his creditors, in the event of an application for bankruptcy, an application for a moratorium or WSNP, seizure and/or liquidation, winding-up or dissolution of the company, in the event that control over the customer's company is acquired by one or more others in the sense of the SER Merger Code of Conduct, regardless of whether those rules of conduct apply to the acquisition of control concerned, as well as in the event of death and/or placement under guardianship and/or withdrawal and/or reduction of a credit limit issued by Seller's credit insurer for the benefit of the customer, Seller is entitled to immediately terminate or cancel the agreement and all that Seller has to claim from the customer is immediately due and payable, without prejudice to the right to claim further damages.
In the event that Seller dissolves or terminates the agreement because the customer is declared bankrupt, Seller has the right to repurchase the products sold by it to the customer from the estate at the market value of the products at the time of repurchase.
Seller is at all times, on the basis of suspicions of reduced creditworthiness of the customer, entitled to either suspend delivery or to consider the agreement dissolved for the future, unless the customer provides security within a period to be set by Seller for the correct and timely payment of what the customer will owe. In both cases, Seller is entitled to compensation for the unexecuted part of the order. At the customer's request, deliveries can be continued against security to be assessed by Seller.
10. Retention of title
Seller reserves ownership of all products delivered or to be delivered by him to the customer until the purchase price for all these products has been paid in full. The reserved ownership also applies to all obligations arising from this agreement that Seller may obtain against the customer.
The customer is obliged to store the products delivered under retention of title with due care and as recognizable property of Seller.
If the customer fails to fulfil his payment obligations towards Seller and/or Seller has good reason to fear that he will fail to fulfil those obligations, Seller is entitled to take back the products delivered under retention of title without the intervention of a third party, such as but not limited to a court. The customer hereby grants Seller permission to take possession of the relevant products and to enter the premises where the relevant products are located, as well as those that provide access thereto.
The customer is obliged to immediately inform Seller in writing of the fact that third parties assert rights to the products on which Seller has a retention of title.
The customer is obliged to insure the products for the duration of the reserved ownership against fire, explosion and water damage, as well as against theft, and to provide Seller with the policies of these insurances for inspection upon first request.
As long as the ownership of the products has not been transferred to the customer, the customer is not permitted to transfer, pledge, encumber, alienate, or relinquish use of the delivered products to third parties, under any title whatsoever, unless otherwise agreed upon in writing.
In the event that the Seller takes back products based on this article, the Seller shall, if necessary, issue a credit note. The products will then be credited for their market value calculated at the time of return. The customer is obliged to compensate for any decrease in the value of the products.
In the event that the customer resells the products to a third party and the purchase price for the products has not yet been paid (in full), the customer is obliged, upon the Seller's request, to assign or pledge the claim against this third party to the Seller.
11. Force Majeure
Force majeure in these general terms and conditions means any circumstance beyond the Seller's control - even if foreseeable at the time of the agreement's conclusion - which permanently or temporarily prevents performance of the agreement, as well as, insofar as not already included therein, (civil) war, threat of war, (work) strike, lockout, transport difficulties, fire, and other serious disruptions in the Seller's business or its suppliers, as well as shortcomings of the Seller's suppliers.
If the Seller cannot properly fulfill its obligations due to force majeure, these obligations will be suspended until the Seller is able to perform the agreement in the agreed manner again.
In the event that the Seller has already partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill its obligations, the Seller is entitled to invoice the already delivered part or the deliverable part separately. In such a case, the customer is obliged to pay this invoice as if it concerned a separate agreement.
If the Seller proves unable to fulfill its obligations towards the customer within a reasonable period due to an event described in paragraph 1 of this article, both the Seller and the customer have the right to dissolve the agreement between them, without the Seller being obliged to compensate the customer for any damage related to the dissolution.
12. Liability
The Seller's liability for all damages and costs, which are caused by or directly related to an attributable shortcoming in the performance of the agreement, or caused by an unlawful act of the Seller, is at all times limited to repair of the defective products or replacement thereof. The customer is only entitled to replacement if repair of the product is not possible.
In any case, the Seller's liability is limited to the net invoice amount of the relevant delivery.
The Seller is never liable for indirect damages and costs, including but not limited to production damage, lost profit and other indirect economic damage, transport costs, stagnation damage, damage to third parties, operational losses, loss of production time, and missed opportunities.
The Seller is not liable for damage caused by its personnel or by suppliers or other third parties engaged by the Seller during the delivery of the products.
The Seller is not liable for damage resulting from incorrect information provided by the customer. The Seller is also not liable for printing or writing errors in images, brochures, or websites. The Seller is not liable for the durability of the product due to the effects of moisture, extreme UV radiation, and other extreme environmental factors. When manufacturing Fine-Art Plexiglas and Fine-Art Aluminium products, the Seller cannot guarantee a 100% dust-free result.
In the event of transport damage, the Seller is not liable if the buyer has signed for proper receipt. The Seller again warns the customer of this with a large sticker on the delivery/packaging.
The Seller is not liable if the customer fails to observe the product's instructions for use, including but not limited to safety regulations and storage advice.
The customer indemnifies the Seller and holds the Seller harmless against all third-party claims for compensation for damages for which the Seller's liability is excluded in these terms and conditions in relation to the customer.
The provisions in paragraphs 1 to 4 of this article 10 do not apply if the customer is a consumer.
13. Intellectual Property Rights
The customer is aware that intellectual property rights, including copyrights, of both the Seller and third parties may rest on the products, models, samples, logos, brochures, images, etc., delivered under the agreement, as well as derivations thereof, which rights the customer will respect and will not infringe upon.
The customer is expressly forbidden to use these documents, materials and/or products, as well as promotional material, for other purposes, to multiply, disclose, make available to third parties or otherwise relinquish use of them, other than as stipulated in the agreement between the Seller and the customer, unless with the Seller's express written consent.
By purchasing an art photo from the Seller, the customer only acquires ownership of the movable object. The Seller remains at all times the owner of the full intellectual property rights pertaining to the art photo. The customer is not permitted to reproduce, rent, publicly display, or use for commercial purposes the Seller's products, including art photos. The customer is permitted to sell products.
If the customer becomes aware of an infringement of industrial/intellectual property rights as described above, the customer must immediately report this to the Seller.
In the event of a violation of the provisions of this article, the customer shall forfeit an immediately due and payable penalty of € 50,000 to the Seller, without prejudice to the Seller's right to claim performance and/or actual damages.
By placing an order for the reproduction or replication of objects protected by copyright law or any property right, the customer declares that no infringement of third-party copyright is made and indemnifies the Seller in and out of court for all consequences, both financial and otherwise, arising from the reproduction or replication. Even if financial obligations towards the author or his legal successors arise from the reproduction or replication, these shall be borne by the customer.
14. Miscellaneous
These general terms and conditions are drawn up in the Dutch language. In case of translation of the general terms and conditions into another language, the Dutch version shall be authentic and the concepts used shall be read and understood in the context of the Dutch legal system.
These general terms and conditions can only be amended in writing. This also applies to this written requirement.
Should any provision of these general terms and conditions be invalid, the remaining provisions shall remain in full force and effect. In that case, the parties shall replace the invalid provision with a valid provision in accordance with the purpose and intent of these general terms and conditions, in such a way that a new provision deviates as little as possible from the invalid provision.
15. Applicable Law and Competent Court
These general terms and conditions and all offers and agreements between Seller and customer are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
The District Court of Overijssel (Almelo) has exclusive jurisdiction to hear disputes that may arise in connection with these general terms and conditions or an agreement, with the Seller being free to also summon the customer before the competent court of his place of residence.
CHAPTER II: WEBSHOP
In the case of an order in the Seller's webshop, in addition to the provisions in Chapter I, the provisions in this Chapter II of these General Terms and Conditions apply. In case of conflict between Chapter I and Chapter II, the provisions in Chapter II shall prevail.
16. Cooling-off period / Right of withdrawal
If there is a consumer purchase concluded via the Seller's webshop, the customer has the right to return (a part of) the delivered goods within a cooling-off period of 14 calendar days without giving reasons.
The cooling-off period mentioned in paragraph 1 starts on the day after the customer, or a third party designated by the customer in advance, who is not the carrier, has received the goods, or:
if the customer has ordered several goods in the same order: the day on which the customer, or a third party designated by him, has received the last goods.
if the delivery of a good consists of different shipments or parts: the day on which the customer, or a third party designated by him, has received the last shipment or the last part;
The right of withdrawal does not apply to, however:
in agreements for regular delivery of goods over a certain period: the day on which the customer, or a third party designated by him, has received the first product.
- goods manufactured according to customer specifications, for example, custom-made, or that clearly have a personal character;
- service agreements, after full performance of the service, and only when the performance has commenced with the customer's express prior consent and the customer has declared that they lose their right of withdrawal once the Seller has fully performed the agreement.
This means that the customer cannot withdraw from products that the Seller has produced at the customer's request, being personalized photo products.
17. Customer's obligations during the cooling-off period
During the cooling-off period, the customer will handle the goods and their packaging with care. The customer will only unpack or use the goods to the extent necessary to assess their nature, characteristics, and functioning. The basic principle here is that the customer may only handle and inspect the goods as they would be allowed to in a store.
The customer is liable for any depreciation of the goods resulting from handling them in a manner that goes beyond what is permitted in paragraph 1.
18. Exercise of the right of withdrawal by the customer and costs thereof
If the customer exercises their right of withdrawal, they must notify the Seller within the cooling-off period by means of the model withdrawal form or in any other unambiguous way.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer shall return the goods, or hand them over to (an authorized representative of) the Seller.
The customer shall return the goods with all delivered accessories, if reasonably possible in their original state and packaging, and in accordance with the instructions provided by the Seller.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer. The customer must prove that the delivered goods have been returned in time, for example by means of a proof of postal delivery.
The customer bears the direct costs of returning the goods.
If the customer withdraws after having expressly requested that the performance of the service begin during the cooling-off period, the customer owes the Seller an amount proportional to that part of the obligation that has been fulfilled by the Seller at the time of withdrawal, compared to the full fulfillment of the obligation.
19. Seller's obligations upon withdrawal
The Seller shall reimburse all payments made by the customer, including any delivery costs charged by the Seller for the returned goods, without undue delay but within 14 days following the day on which the customer notifies the Seller of the withdrawal. Unless the Seller offers to collect the goods themselves, the Seller may wait with reimbursement until the Seller has received the goods or until the customer proves that they have returned the goods, whichever is earlier. Upon return of the entire purchase, the full purchase amount including any calculated shipping and/or payment costs will be reimbursed to the customer. The costs of returning the goods are borne by the customer. Upon return of only a part of the goods, only the purchase value of the returned goods will be reimbursed.
For reimbursement, the Seller uses the same payment method that the customer used, unless the customer agrees to another method.
If the customer has chosen a more expensive method of delivery than the cheapest standard delivery, the Seller is not obliged to reimburse the additional costs for the more expensive method.
The return of the goods is entirely at the expense and risk of the customer.
20. Complaints Procedure
The Seller has a complaints procedure and handles complaints in accordance with this complaints procedure. The customer can also submit a complaint to the EU dispute resolution platform via http://ec.europa.eu/consumers/odr/.
Complaints about the performance of the agreement must be submitted to the Seller, fully and clearly described, within a reasonable time after the customer has discovered the defects. Complaints can be reported to: klantenservice@printingambitions.com.
Complaints submitted to the Seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Seller will respond within the 14-day period with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.
The customer must in any case give the Seller 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution scheme.
A complaint about a product, service or the Seller's service can also be submitted via a complaint form on the website of Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent to both the Seller and Stichting Webshop Keurmerk. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution scheme.
21. Stichting Webshop Keurmerk Disputes
Disputes between the customer and the Seller concerning the formation or execution of agreements regarding products to be delivered or delivered by the Seller can, with due observance of the provisions below, be submitted by both the customer and the Seller to the Webshop Disputes Committee, Postbus 90600, 2509 LP The Hague (www.sgc.nl).
A dispute will only be handled by the Disputes Committee if the customer has first submitted their complaint to the Seller within 8 days.
The dispute must be submitted in writing to the Disputes Committee no later than three months after the dispute arose.
When the customer wishes to submit a dispute to the Disputes Committee, the Seller is bound by this choice. When the Seller wishes to do so, the customer must, within five weeks after a written request to that effect by the Seller, state in writing whether he also wishes to do so or wishes to have the dispute handled by the competent court. If the Seller does not receive the customer's choice within the five-week period, the Seller is entitled to submit the dispute to the competent court.
The Disputes Committee rules under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are rendered by way of binding advice.
The Disputes Committee will not handle a dispute or will cease handling it if the Seller has been granted a moratorium on payment, has been declared bankrupt, or has actually ceased its business activities, before a dispute has been heard by the committee at a session and a final ruling has been rendered.
If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Webshop Disputes Committee has exclusive jurisdiction for disputes concerning mainly the method of sale or distance service. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
22. Industry Guarantee Stichting Webshop Keurmerk
The Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Webshop Disputes Committee by its members, unless the member decides to submit the binding advice to a court for review within two months of its dispatch. This guarantee revives if the binding advice is upheld after review by the court and the judgment from which this appears has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out by the Stichting Webshop Keurmerk to the customer. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess, the Stichting Webshop Keurmerk has a best efforts obligation to ensure that the member complies with the binding advice.
For the application of this guarantee, it is required that the customer makes a written claim to this effect to the Stichting Webshop and that they transfer their claim against the Seller to the Stichting Webshop Keurmerk. If the claim against the Seller exceeds €10,000, the customer is offered to transfer their claim, to the extent that it exceeds €10,000, to the Stichting Webshop Keurmerk, after which this organization will seek payment thereof in court, in its own name and at its own expense, to satisfy the customer.
CHAPTER III: POST-PAYMENT
In the event of an order in the Seller's webshop where the customer chooses to pay afterwards, in addition to the provisions in Chapters I and II, the provisions in this Chapter III of these General Terms and Conditions apply. In case of conflict between the aforementioned chapters and the latter Chapter III, the latter Chapter III shall prevail.
If the customer uses the Seller's post-payment service, the customer agrees to the payment terms and conditions of Arvato Finance B.V., trading under the name AfterPay. The Seller is not responsible or liable for the content of AfterPay's payment terms and conditions.
PAYMENT TERMS AND CONDITIONS FOR CONSUMERS
Acceptance and Payment Terms of Arvato Finance B.V. trading as AfterPay
(Version 3.0, May 2018)
The present contractual terms and conditions apply to a customer's visit to the AfterPay website, the customer's request for deferred payment and its assessment, and, following approval of the request, to the AfterPay deferred payment service.
Article 1 Assessment of the application
1.1. You have placed an order and have chosen to pay via the deferred payment service (AfterPay) of Arvato Finance B.V., trading under the name AfterPay (hereinafter "AfterPay"). Your choice does not immediately result in an agreement with the retailer allowing you to pay via AfterPay. The retailer and AfterPay expressly reserve the right to reject your application without stating reasons. This depends on the result of the assessment of your data.
1.2. If possible, you will see the result of the assessment directly online, including whether your request is approved or rejected, or approved conditionally. This conditional approval is in principle only the result of a data check by us. If desired, you can receive written notification of this with reasons. You can also contact AfterPay customer service by telephone after one working day.
1.3. AfterPay may, within one working day of initial conditional acceptance of your application to pay with AfterPay, convert this into a refusal to honour an application and thus reject your use of AfterPay for payment. The conditional acceptance is related to the fact that the approval is for now exclusively the result of a limited data check.
1.4. Every retailer is entitled to check you as a consumer when concluding a purchase agreement. The retailer uses AfterPay for this if you choose to pay with AfterPay. The following information must be provided for this:
1. Name, address, and contact details. This address may not be a PO box and must be located in the Netherlands;
2. The registration number in the trade register of the Chamber of Commerce if you are purchasing through your (sole proprietorship/general partnership/partnership) company;
3. If you wish to pay as a sole proprietorship, general partnership or partnership, you must also provide the names of the owner of the sole proprietorship or partners who legally represent the company in the application;
4. The bank account number you will use to pay AfterPay (in case of a one-off direct debit);
1.5. To pay with AfterPay, you must meet the following conditions:
You have an invoice and delivery address in the Netherlands. This address may not be a PO box;
You have not been declared bankrupt, are not in a moratorium on payments, or have otherwise been placed under guardianship or administration, nor has an application for such been filed. You are also not in a situation where you have ceased to pay your debts in a timely manner.
You are authorised to dispose of assets or are represented by someone who can legally represent you and is authorised to act on your behalf.
The value of the order is not lower or higher than the amount the retailer allows you to pay afterwards;
By providing your data, to use the AfterPay payment solution, you explicitly consent to your data being processed and checked in such a way that AfterPay can properly and carefully assess and inform you whether your payment application has been (conditionally) accepted;
By means of this application to pay with AfterPay, you declare that you can and will fully and timely fulfil the payment obligations arising from your order by paying AfterPay in Heerenveen.
Article 2 Method of Payment
2.1. Your choice to pay with AfterPay's deferred payment service, AfterPay, means, after acceptance of your request/application, that the rights regarding the amount owed by you for the order you placed are transferred by the retailer to AfterPay. This means that after acceptance by AfterPay, you can only make a valid payment to AfterPay. AfterPay will send you an invoice for this, stating the amount due, separate from the delivery of the order. The invoice can be digital via email or via the standard European direct debit. If you pay someone other than AfterPay, this will not release you from your payment obligation to AfterPay. In such a case, you may have to pay (again), namely to AfterPay in Heerenveen.
2.2. AfterPay reserves the right - to the extent permitted by law - not to refund any costs of payment and/or other costs in the event of your return of the order.
2.3. If you choose the AfterPay deferred payment service in combination with automatic direct debit, you explicitly authorise AfterPay to automatically debit the (delivery) costs from the (bank) account number you provided, and payment is validly made once the direct debit has been successfully executed and the reversal period has expired. As soon as your request to pay via AfterPay has been accepted and you will pay via the standard European direct debit, we will send you a pre-notification confirming your direct debit instruction. You will receive this pre-notification 5 days before we will debit. By choosing AfterPay's payment service, you agree to the 5-day term.
2.4. AfterPay is entitled to exercise the same rights as the retailer can/could exercise against you based on the order.
2.5. AfterPay is at all times entitled to unilaterally transfer the claim against you to a third party.
Article 3 Payment order costs
3.1. Any (banking) processing costs of applicant's payment order(s) are for your account and risk.
3.2. If you have chosen the option to pay via the standard European direct debit, you must ensure that there is sufficient balance in the account number you provided. For the inability to collect the amount due from your account, AfterPay may charge costs (surcharge). You can prevent this by paying on time. If AfterPay fails to collect, even after you are in default, the claim will be handed over and higher costs will be charged to you (extrajudicial collection costs).
3.3. Up to one day before the direct debit transaction, you can legally revoke the direct debit order. In that case, article 6.1 applies and AfterPay can also charge costs in addition to those specified in article 6.
Article 4 Payment term
Your payment must be received by AfterPay within 14 days of the invoice date, unless another term has been agreed with you in writing.
Article 5 Change of address
You are obliged to inform AfterPay of any change of (e-mail) address. As long as AfterPay has not received a change of address, you are deemed to be located at the last address known to AfterPay. Address changes must be communicated by e-mail or in writing to the customer service of Arvato Finance B.V. trading as AfterPay, Postbus 434 8440 AK Heerenveen, telephone 020 7230 270. For a telephone call with AfterPay, you only pay the costs of your telephony provider.
Article 6 Default
6.1. If you do not pay within the period specified in Article 4, the amount due is immediately payable and you are in default without further notice of default.
6.2. If you have not paid within 14 days of the invoice date, AfterPay will send you a reminder to point out the exceeding of the payment term. If you do not respond to this reminder, AfterPay will send you a (second) written reminder and AfterPay will increase the amount due with administration costs. If you also do not respond to this reminder, and AfterPay has to send you a summons, the administration costs will be increased again.
6.3. From the date on which you are in default, AfterPay is entitled to charge the statutory interest per month on the amount owed by you, you will also owe administration costs in accordance with the Collection Costs Act in connection with the payment reminders sent by AfterPay, and AfterPay will charge you all reasonable costs for obtaining satisfaction, both extrajudicial and judicial. If you choose for automatic direct debit or single direct debit authorisation, AfterPay is entitled to debit the total amount due, including costs and interest, from your bank account by means of automatic direct debit or single direct debit authorisation. The minimum amount AfterPay charges for extrajudicial collection costs in the event of default is €40 (forty euros).
6.4. If costs have arisen due to attributable shortcomings (breach of contract) on your part, subsequent payments made by you will first be deducted from the costs that have already arisen. Only after the arisen costs have been fully paid can your payment be deducted from the amount originally owed by you.
Article 7 Protection of personal data of natural persons and use of data
AfterPay respects everyone's privacy and ensures that information about natural persons is treated confidentially. AfterPay processes personal data to confirm your identity, to check whether you can pay afterwards, for administrative reasons, to combat fraud, to perform a risk assessment, to prevent money laundering, and to comply with legal obligations. Personal data is information that can be directly or indirectly traced back to you.
Below you will find examples of the types of personal data that AfterPay may process:
Contact information: name, address, date of birth, email address, telephone number
Payment information: invoice details, account number
Financial information: negative payment history, WSNP notification
Information about goods/services: details about your order
Historical information: your order history with AfterPay
We reuse the data you have previously provided to us and may share this information with a credit reference agency and anti-money laundering screening companies for the purpose of assessing your creditworthiness, conducting a risk assessment, and confirming your identity before you can use AfterPay.
If you have previously used AfterPay's services, information about you may have been stored, for example, for administrative reasons. Where possible, AfterPay will use this information to confirm your identity and to simplify the use of AfterPay. AfterPay uses electronic communication (email, SMS) to contact you. You have the right to access the personal data AfterPay holds about you, to correct this data, and to have it deleted. These requests can be sent to privacy@afterpay.nl.
Your personal data may be provided to the webshop where you placed your order (for administrative reasons) and to authorities or other government agencies when AfterPay is legally obliged to do so. AfterPay may also share your personal data with other companies within the Arvato Financial Solutions Group.
AfterPay is ultimately responsible for the processing of your personal data and refers to its privacy statement for a full description of the processing of personal data by AfterPay. By agreeing to these terms and conditions, you also agree to the privacy statement.
Article 8 Cookies
AfterPay uses cookies on its website. Cookies are small files that are temporarily placed on your hard drive and are used to collect information about the use of the AfterPay website. This makes it possible to automatically recognize your computer on a subsequent visit to our website. Depending on your settings, your internet browser may automatically accept cookies. You can change your browser settings at any time and also use the AfterPay website without cookies.
Article 9 Liability
9.1. AfterPay can only be held liable for damage that is attributable to its intent or gross negligence, or that has arisen due to circumstances that are at its risk on the basis of mandatory rules of law. AfterPay is never liable for consequential or business damage, indirect damage, and loss of profit or turnover.
9.2. If AfterPay is obliged to compensate any damage for whatever reason, the compensation will never exceed an amount equal to the invoice value of the product or service that caused the damage.
Article 10 Applicable law and competent court
Dutch law applies to AfterPay's services and all contracts it concludes. Disputes will be submitted to the competent court in Noord-Nederland unless the law explicitly designates another court as competent.
TERMS OF PAYMENT FOR BUSINESSES
The present contractual terms and conditions apply to a visit to the AfterPay website, the customer's request for deferred payment and its assessment, and, following approval of the request, to the AfterPay deferred payment service. The term "applicant" used in the following articles refers to the company that submits an application to use AfterPay's deferred payment service.
Article 1 Assessment of the application
If you, as a company (hereinafter also 'company'), request to pay the supplier via Arvato Finance B.V.'s deferred payment service (AfterPay®), trading under the name AfterPay (hereinafter "AfterPay"), this does not immediately lead to an agreement allowing you to pay via AfterPay. The supplier and AfterPay expressly reserve the right to reject an application without stating reasons. If possible, you will see directly online whether your request is approved or rejected, or approved conditionally. This conditional approval is in principle only the result of a data check by us. If desired, you can receive written notification of this with reasons. You can also contact AfterPay customer service by telephone after one working day.
AfterPay may, within one working day of initial conditional acceptance of your application to pay with AfterPay®, still convert this into a refusal to honour an application and thus reject your use of AfterPay® for payment. The conditional acceptance is related to the fact that the approval is for now exclusively the result of a limited data check.
Every supplier is entitled to check a consumer when concluding a purchase agreement. For this, the supplier uses AfterPay if you, as a company, choose to pay with AfterPay®. The following information must be provided for this:
The name, address, and contact details. This address may not be a PO box and must be located in the Netherlands;
The company's registration number in the trade register of the Chamber of Commerce;
The names of the owner of the sole proprietorship or partners of the general partnership who legally represent the company in the application, or, for a private or public limited company, the person authorized to represent that company when concluding this purchase or service for which you, as a company, request to pay via AfterPay;
The bank account number of the company requesting payment with AfterPay®.
To pay with AfterPay®, you, as a company, must meet the following conditions:
The company has an invoice and delivery address in the Netherlands. This address may not be a PO box;
The company has not been declared bankrupt, is not in a moratorium on payments, or (for partnerships and sole proprietorships) you have not been placed under guardianship or administration, nor has an application for such been filed. Furthermore, the company is not in a situation where it has ceased to pay its debts in a timely manner.
You, as a company, are represented by the person who can legally represent the company and who is authorized to act on behalf of the company.
The value of the order is not lower or higher than the amount the supplier allows you to pay afterwards;
By providing the company's data, to use the AfterPay® payment solution, you, on behalf of the company, explicitly consent to this data being processed and checked in such a way that AfterPay can properly and carefully assess and inform you whether the payment application has been (conditionally) accepted;
By means of this application to pay with AfterPay®, the company declares that it can and will fully and timely fulfil the payment obligations arising from your order/service request by paying AfterPay in Heerenveen.
Article 2 Method of Payment
The choice to pay with AfterPay's deferred payment service AfterPay®, after acceptance of your request/application, means that the rights regarding the amount owed by you as a company due to your order/service request are transferred by the supplier to AfterPay. This means that after acceptance by AfterPay, you can only make a valid payment to AfterPay. AfterPay will send you, as a company, an invoice for this, stating the amount due, separate from the delivery of the order. The invoice can be digital via email or on paper via post or via the standard European direct debit. If the company pays someone other than AfterPay, this will not release it from its payment obligation to AfterPay. In such a case, the company may have to pay (again), namely to AfterPay in Heerenveen.
AfterPay reserves the right - to the extent permitted by law - not to refund any costs of payment and/or other costs in the event of your return of the order/dissolution of the agreement with the supplier.
If the company chooses the AfterPay® deferred payment service in combination with automatic direct debit, you, as the company, explicitly authorise AfterPay to automatically debit the costs from the (bank) account number provided by the company, and payment is validly made once the direct debit has been successfully executed and the reversal period has expired. As soon as your request to pay via AfterPay® has been accepted and the company will pay via the standard European direct debit, we will send the company a pre-notification confirming this direct debit instruction. The company will receive this pre-notification 5 days before we will debit. By choosing AfterPay®'s payment service, you, as the company, agree to the 5-day term.
AfterPay is entitled to exercise the same rights as the supplier can/could exercise against your company based on the order/service provision.
AfterPay is at all times authorised to unilaterally transfer the claim against the company to a third party.
Article 3 Payment order costs
Any (bank) processing fees for payment order(s) of the company shall be at its expense and risk.
If the company has chosen to pay via the standard European direct debit, the company must ensure sufficient balance in the account number provided by the company. AfterPay may charge costs (surcharge) for the inability to collect the amount due from the company's bank account. This can be prevented by paying on time. If AfterPay fails to collect, even after the company is in default, the claim will be handed over to a third party and higher costs will be charged (extrajudicial collection costs).
Up to one day before the direct debit transaction, the company can legally revoke the direct debit order. In that case, Article 6.1 applies, and AfterPay may also charge costs in addition to the provisions of Article 6.
Article 4 Payment term
The payment due by the company through the agreement with the supplier must be received by AfterPay within 30 days of the invoice date, unless a different term has been agreed upon with you as the company in writing.
Article 5 Change of address
You, as the company, are obliged to inform AfterPay of any change of address and e-mail. As long as AfterPay has not received a change of address, the company is deemed to be located at the last address known to AfterPay. Address changes must be communicated by email or in writing to the customer service of Arvato Finance B.V. h/o AfterPay, Postbus 434 8440 AK Heerenveen, telephone 020 - 7 230 270.
Article 6 Default
If the company does not pay within the term stated in Article 4, the amount due is immediately claimable, and you, as the company, are in default without further notice of default.
If you, as the company, have not paid within 14 days of the invoice date, AfterPay will send a reminder to the company to point out the exceeding of the payment term. If the company does not respond to this reminder, AfterPay will send a (second) written reminder, and AfterPay will increase the amount due with administration costs. If this reminder is also not responded to, and AfterPay has to send a demand letter, the administration costs will be increased again.
From the date on which the company is in default, AfterPay is entitled to charge the statutory interest per month on the amount owed by the company. You, as the company, are also liable for administration costs in connection with the payment reminders sent by AfterPay, and AfterPay will charge all reasonable costs for obtaining satisfaction, both extrajudicially and judicially. If automatic direct debit or a one-off authorisation is chosen, AfterPay is entitled to debit the total amount due, including costs and interest, from the company's bank account by means of automatic direct debit or a one-off authorisation. The minimum amount that AfterPay charges for extrajudicial collection costs in the event of default is € 40 (forty euros).
If, due to attributable shortcoming (breach of contract) on the part of the company, costs have arisen, subsequent payments made by the company shall first be deducted from the costs that have already arisen. Only after the arisen costs have been fully paid can the payment be deducted from the amount originally owed by the company.
Article 7 Protection of personal data of natural persons and use of data
AfterPay respects everyone's privacy and ensures that information of natural persons is treated confidentially. AfterPay refers to its privacy statement for this purpose, which is published on its website www.afterpay.nl. There you can read all about the processing of personal data, as well as request access to the personal data being processed and how to exercise the rights arising from the Personal Data Protection Act.
Article 8 Liability
AfterPay can only be held liable for damage that is attributable to its intent or gross negligence, or that has arisen from circumstances that are at its risk under mandatory legal rules. AfterPay is never liable for consequential or business damage, indirect damage, and loss of profit or turnover.
If AfterPay, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value of the product or service that caused the damage.
Article 9 Applicable law and competent court
Dutch law applies to AfterPay's services and all contracts it concludes. Disputes will be submitted to the competent court in Zwolle, unless the law expressly designates another court as competent.
